SECTION 355.9. Financial Criteria

Financial need is established annually. The applicant or person who has a legal obligation to support the applicant must pursue and accept all income to which the applicant or person who has a legal obligation to support the applicant are legally entitled. Income is not considered to be available during a reasonable time allowed to pursue the income.

(1) The income used to determine eligibility is the combined gross income (or the adjusted gross income if self-employed) of the applicant and of all persons who have a legal obligation to support the applicant.

(2) Income includes earned wages, pensions or allotments, alimony, or any monies received on a regular basis for support purposes. Supplemental Security Income (SSI) for the disabled applicant is not included as income. Verification of income will be required as set out in §37.214(3) of this title (relating to Applications and Eligibility Date).

(3) The income level for eligibility is established at 200% of the Federal Poverty Level Guidelines, currently published by the United States Department of Health and Human Services and adopted by the department.

Source Note: The provisions of this §355.9 adopted to be effective March 17, 2002, 27 TexReg 1791; amended to be effective October 8, 2006, 31 TexReg 8237; amended to be effective November 4, 2010, 35 TexReg 9738; amended to be effective July 2, 2015, 40 TexReg 4215; transferred effective March 15, 2022, as published in the February 25, 2022 issue of the Texas Register, 47 TexReg 981